House of Lords Journal Volume 6: 10 July 1643

DIE Lunæ, 10 die Julii.

PRAYERS.

Earl of Manchester.

Answer from the H. C. about the Assembly sending for Papers, and about the E. of Portland.

(fn. 1) The Messengers sent to the House of Commons on Saturday returned with this Answer:

That they do agree with their Lordships, in the Order to give the Assembly Power to send for Records and Leidger-books; and touching the Petition of the Earl of Portland, they will send their Lordships an Answer by Messengers of their own.

Chapman and Kester.

Upon hearing the Counsel on both Sides, between Chapman and Kester and others: It is Ordered, That Mr. Justice Bacon, Sir Rob't Rich, Mr. Page, and Dr. Aylett, or any Two of them, shall hear this Business further, and state the Business, and report the same to this House, and also to have Power to send for such Witnesses as they shall think fit; and that the Consideration of the Petition in Behalf of Beale be referred to their Consideration.

Message from the H. C. with Deputy Lieutenants Names for Middlesex;

A Message was brought from the House of Commons, by Sir Rob't Pye Knight; which consisted of these Particulars:

1. To desire that Sir Ric'd Srignall Baronet, and Sir Henry Vane Senior, Knight, may be Deputy Lieutenants for the County of Midd.

Agreed to; and the Earl of Holland, Lord Lieutenant, desired to give them Commissions.

for examining the Earl of Poitland, and to keep him close Prisoner;

2. They desire that the Earl of Portland may be examined, in the Presence of the Committee of the House of Commons; and that he may be close Prisoner.

to expedite the Ordinance for the Excise;

3. To desire Expedition in passing of the Ordinance for the Excise.

with several Ordinances;

4. To desire (fn. 2) their Lordships Concurrence in an Ordinance concerning the Assizes. (Here enter it.)

Read, and Agreed to.

5. To desire Concurrence in an Ordinance for Indemnity of those Gentlemen that secured Sir John Hotham.(Here enter it.)

Read, and Agreed to.

6. To desire Concurrence in divers Ordinances concerning Ireland.

and about Lady Vere being Governess to the Princes.

7. To desire an Answer concerning the Lady Vere's being (fn. 3) Governess of the Princes.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in the nominating the Two Persons to be Deputy Lieutenants for Midd. and have desired the Earl of Holland to give them Commissions; and concerning the Earl of Portland, their Lordships have agreed to examine him, and in the mean (fn. 2) Time he is to remain a close Prisoner as he is.

Touching the Ordinances concerning the Assizes, and the Indemnity (fn. 2) of the Persons that secured Sir John Hotham, their Lordships do Agree to them. And concerning the Ordinance for the Excise, the Ordinances concerning Ireland, and the Order concerning the Lady Vere, their Lordships will take them into Consideration, and send an Answer by Messengers of their own.

Message from the H.C. with an Ordinance.

A Message was brought from the House of Commons, by Sir John Potts Baronet:

To desire their Lordships Concurrence in an Ordinance for securing of Lynn. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That their Lordships do agree to the Ordinance now brought up.

Jackson, for sending to Ld. Howard, about the Earl of Berkshire's Goods.

John Jackson was called in, to know why he sent the Note to the Lord Howard, touching the Goods of the Earl of Berks.

He confessed, he did it by Warrant of the Committee for Sequestrations; but he did not know of the Order of this House before Saturday last.

Hereupon the House commanded the said Jackson to obey and observe the Order of this House delivered to him on Saturday.

Mrs. Roper's Cloaths to be restored.

Ordered, That Mrs. Roper shall have her Linen and Wearing Cloaths delivered to her, which was taken away from her.

Baker, a Pass.

Ordered, That Baker shall have a Pass, to go to Oxford.

De Moulin, a Pass.

Ordered, That Monsieur De Moulin shall have a Pass, to go to Oxford, and return again.

Page, Parson of Heningford Abbots, sent for.

Ordered, That Symon Page, Parson of Heningford Abbotts, in Com. Hunt. shall appear before this House on Tuesday come Fortnight, to (fn. 4) answer the Articles which are exhibited against him.

Message to the H. C. about examining the Earl of Portland.

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:

To let them know, that their Lordships will be ready, in the Lord Keeper's Lodgings, to examine the Earl of Portland, as they desire, this Afternoon, at Three of the Clock.

Ordinance for adjourning the Assizes.

"The Lords and Commons, taking into Consideration the miserable Distractions and Calamities with which this whole Kingdom and Nation is now infested, the Face and cruel Effects of an unnatural Civil War being too visible and apparent in all the Parts thereof, and the Power of the Sword so prevailing as that the Public Justice of the Kingdom cannot be expected to be administered in a just and indifferent Way, but that the Judges and Ministers thereof may be terrified and awed by the Power of armed Men; and also for preventing of Inconveniences which may happen, by Assemblies of Multitudes of People, in these Times of such miserable Distraction, have thought fit to Order, and the said Lords and Commons in Parliament assembled do Ordain and Declare, That the several Judges and Justices of the Assize and Nisi Prius, and Justices of Oyer and Terminer and Gaol Delivery, and their Associates, and the Clerks of Assize, and every of them, of or within any the Counties or Cities of England and Dominion of Wales, do forbear to execute any of the said Commissions, or to hold or keep any Affizes or Gaol Delivery, at any Time during this Summer Vacation, or to issue any Warrant for summoning the Assizes, within any County in which they shall be appointed Judges or Justices; and, if they have already issued any, that they forthwith revoke and re-call the same; and herein their ready and perfect Obedience is expected and required, as they will answer the Contempt and Neglect hereof before the Lords and Commons in Parliament."

Ordinance for Indemnity of the Mayor of Hull, & al. for seizing the Forts, and the Persons of Sir John Hotham & al.

"Whereas Thomas Rakes Mayor of Hull, Sir Mathew Boynton Knight and Baronet, Sir William St. Quintin Baronet, Sir Richard Darley Knight, Sir John Bourchier, and Sir William Allinson, Knights, Lancelott Roper, Nicholas Denman, John Barnard, and Will. Pople, Aldermen, John Penrose Gentleman, Robert Johnson Clerk, having received Information that there was a Design for the betraying of the Town of Hull, which, in their Opinions, could not be prevented, but by a speedy seizing of the Block-houses and other Places of Strength in the Town, as also of the Persons of Sir John Hotham, Sir Edward Rodes, and Captain Hotham; and whereas accordingly they, with others, seized on the said Places of Strength for the Preservation of the said Town, and also of the Persons of the said Sir John Hotham, Sir Edward Rodes, and Captain Hotham, and of the Treasure, Plate, Trunks, Writings, and other Things, of the said Sir John Hotham's and Captain Hotham's, to be in safe Custody till further Directions from the Parliament; and whereas the said Mayor of Hull, Sir Mathew Boynton, and the rest of the Persons first abovenamed, did issue out their Warrants and Directions, commanding Captain Scarth to march from Skarborough, with his Soldiers, Arms, and Ammunition he had there, to Beverley, for the Defence of that Place, and with the Goods there of Consequence, to be preserved in Beverley till further Directions from the Parliament; and whereas they did issue out their Warrants and Directions unto divers other Captains, for to march, with their Soldiers, from Hull to Beverly, for the Defence of that Place: The Lords and Commons do Declare, That it was an acceptable Service to the Kingdom and Parliament, in that which the said Mayor of Hull, Sir Mathew Boynton, and the rest of the Gentlemen abovenamed, and all others, have done herein; and that the Lords and Commons will keep them, and all others that have assisted them therein, indemnified and saved harmless."

Ordinance for securing Lynn.

"The Lords and Commons in Parliament assembled, taking into their serious Consideration the Danger to which the associated Counties are liable, in Case the Popish Northern Army should force a Passage through Lincolneshire into Norff. have thought good, for the Prevention thereof, and for better Safety of the Town of King's Lynne, Marshland, the Isle of Eley, and the adjacent Parts of Lincolneshire, to afford the Inhabitants thereof all fit Means towards their Defence; and do therefore Ordain, That the Committee formerly nominated by both Houses of Parliament, for settling the Peace and Safety of the Town of Lynne, or the greater Number of them, shall and may order the making Works of Fortification in or about the Town of Lyn, and all other Places of the said County of Norff. adjacent, for Defence of the County; allowing to the Owners of the Ground, upon which such Works shall be erected, such reasonable Recompence as shall be adjudged meet by the said Committee, or the greater Number of them; and shall place in the said Works such Commanders and Soldiers as they shall think fit: And, for the better securing of the said Town and associated Counties, the Lords and Commons do likewise Ordain, That the Trained Bands of the Hundreds of Marshland, Freebridge, Clacklose, and South-Green, and the Forces of the said Town of Lyn, shall mutually assist each other, upon all necessary Occasions, as they shall be required and directed by the said Committee, or the greater Number of them, or by the Commands of both or either Houses of Parliament; and that the said Trained Bands and Forces of Lyn shall not be commanded forth upon any other Services, without Consent of the said Committee, or the greater Number of them: And the Lords and Commons do further Ordain, That the said Committee, or the greater Number of them, shall forthwith rate and collect such Sums of Money, in the said Hundreds, and Town of Lyn, as shall be necessary, according to the settled Proportions appointed for the Weekly Assessment for and towards the making of the said Fortifications, and Maintenance of the same: And lastly, the said Lords and Commons do Ordain, That Sir Vallentyne Pell Knight shall be added to the said Committee, and shall be a Deputy Lieutenant of the County of Norff.; and the said Committee, the Inhabitants of Lyn, the said Trained Bands, and every of them, and all other assisting in that which they shall do in Pursuance of this Ordinance, shall be saved and kept harmless, by the Authority of both Houses of Parliament."

Adjourn.

House adjourned till 10 ^a cras.